Can the government be held responsible for failing to provide adequate medical care for an inmate?

MultiRegion, United States of America

The following excerpt is from Gomez v. Madden, Case No.: 16-CV-2316-WQH(WVG) (S.D. Cal. 2020):

The government has an "obligation to provide medical care for those whom it is punishing by incarceration," and failure to meet that obligation can constitute an Eighth Amendment violation cognizable under section 1983. Estelle v. Gamble, 429 U.S. 97, 103-05 (1976). In order to prevail on an Eighth Amendment claim for inadequate medical care, a plaintiff must show "deliberate indifference" to his "serious medical needs." Id. at 104.

Page 8

This includes "both an objective standardthat the deprivation was serious enough to constitute cruel and unusual punishmentand a subjective standarddeliberate indifference." Snow v. McDaniel, 681 F.3d 978, 985 (9th Cir. 2012), overruled in part on other grounds by Peralta v. Dillard, 744 F.3d 1076 (9th Cir. 2014).

Other Questions


Can a plaintiff sue for medical malpractice for failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
What is the test for a plaintiff to bring a claim against a health and social services provider for failing to provide adequate medical and dental care in the context of medical malpractice? (MultiRegion, United States of America)
What is the test for failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
What is the test for a prison official to violate the Eighth Amendment by failing to provide adequate food, shelter, sanitation, medical care, and personal safety for an inmate? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
What is the test for a prison official to be found guilty of failing to provide adequate sanitation, medical care and personal safety for an inmate? (MultiRegion, United States of America)
What is the test for violating the Eighth Amendment by failing to provide adequate food, clothing, shelter, medical care, and personal safety for an inmate? (MultiRegion, United States of America)
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons? (Canada (Federal), Canada)
Can the government be held liable for failing to provide medical care to inmates who are suffering from mental health problems? (MultiRegion, United States of America)
What is the test for a prison official to be found guilty of violating the Eighth Amendment by failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.